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| Decision No: | 02/95C | |
|---|---|---|
| Practitioner: | Name suppressed | |
| Charge Characteristics: | ||
| Additional Orders: | Doctor granted interim name
suppression: 0295cfindingsnamesupdr Complainant granted permanent name suppression: 0295cfindingsnamesupcomp Doctor's application for adjournment granted: 0295cfindingsadjourn Doctor's application for disclosure of documents granted: 0295cfindingsdiscovery Doctor's application for discovery of documents granted in part: 0295cfindingsdiscovery Application for stay of discovery and disclosure orders pending determination of appeal granted (C v MPDT (District Court, Christchurch, CIV No 751/03, Callaghan DCJ, 28 February 2003)) Appeal from Order of the Tribunal to disclose and discover documents upheld. Court held Chairperson acting alone did not have power to make the discovery orders. Court directed the Chairperson to reconsider the decision and orders made. (CAC v MPDT and C (District Court, Christchurch, CIV 751/03, Ryan DCJ, 3 June 2003)) CAC appealed to High Court - High Court upheld District Court in that it held the Chairperson of the Tribunal acting alone did not have the power to make the discovery orders. However, High Court held the District Court did have the power to make the necessary discovery decision. High Court ordered discovery of CAC documents. (CAC v MPDT and Dr C (High Court, Christchurch, CIV-2003-75103, Chisholm J, 25 March 2004)). CAC was granted leave to appeal High Court decision to Court of Appeal. (CAC v MPDT and Dr C (High Court, Christchurch, CIV 2003 409 93, Chisholm J, 7 May 2004)) Court of Appeal allowed the Appeal. The order made by the High Court requiring disclosure to Dr C records relating to the complainant was set aside. Dr C's application for disclosure was referred back to the MPDT for a re-hearing (CAC v Dr C, (Court of Appeal, CA 198/04, 19 April 2005, Glazebrook, O'Regan and Chambers JJ)) Counsel for Dr C has been granted leave to appeal the Court of Appeal decision to the Supreme Court. (Dr C v CAC [2005] NZSC 56 (17 August 2005)) Supreme Court referred back to the Tribunal Dr C's application for access to medical records (Dr C v CAC [2006] NZSC48) Tribunal granted Dr C's application for discovery of medical records: 0295cfindingsdisclosure The CAC appealed the Tribunal Decision to the District Court. The District Court held that it had no jurisdiction to entertain the appeal. (CAC v Dr C, District Court, CIV 2007-009-1075, 4 February 2008, Macaskill DCJ)) The District Court ordered costs in favour of Dr C (CAC v Dr C, (District Court, CIV 2007-009-1075, 17 July 2008, Macaskill DCJ)) |
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| Penalty Decision: |
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